TM Center East Subdivison No.1 Water Main Easement No. 1 ESMT-2023-0176 (2023-069233) Proiect Name(Subdivision):. ADA COUNTY RECORDER Trent Tripple 2023-069233
TM Center Fast Subdivision No. 1 BOISE IDAHO Pgs=12 BONNIE OBERBILLIG 12/13/2023 08:13 AM
Water Main Easement Number:, I CITY OF MERIDIAN, IDAHO NO FEE
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(See Instructions for additional information).
ESMT-2023-0176
WATER MAIN EASEMENT
THIS Easement Agreement, made thisl2th day of December 20 23 between DWT Investments LLC,
SCS Investments LLC and BVB Ten Mile Crossing Annex,LLC,("Grantor"), and the City of Meridian, an Idaho
Municipal Corporation("Grantee");
WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through underground pipelines to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW,THEREFORE,in consideration of the benefits to be received by the Grantor,and other
good and valuable consideration, the Grantor does hereby give, grant and convey unto the
Grantee the right-of-way for an easement for the operation and maintenance of water
mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of water mains
and their allied facilities, together with their maintenance, repair and replacement at the
convenience of the Grantee,with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that
after making repairs or performing other maintenance, Grantee shall restore the area of the
easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,
carports, sheds, fences, trees, or deep-rooted shrubs.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
Water Main Easement Page 1 Version 04/17/2023
public street, then, to such extent, such right-of-way and easement hereby granted which lies
within such boundary thereof or which is a part thereof, shall cease and become null and void
and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land, .and that Grantor has a good and
lawful right to convey said easement, and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,
assigns, heirs,personal representatives,purchasers, or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed
their signatures the day and year first herein above written.
[END OF TEXT; SIGNATURES TO FOLLOW]
Water Main Easement Page 2 Version 04/17/2023
GRANTOR: DWT INVESTMENTS LLC
an Idaho limited liability company
By: Brighton Corporation,
Manager
By:
Robert L. Phillips, President
STATE OF IDAHO )
:SS.
County of Ada )
On this the.-�7 day of November, in the year 2023, before me a Notary Public of said State,
personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton
Corporation,the corporation that executed the instrument or the person who executed the instrument
on behalf of said corporation, and acknowledged to me that such company executed the same.
IN WTINESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first written above.
=Public
HAN
te of Idahor 20181002s Jun 1, 2024 Notary Public for Idaho
WWWWWWWWWW My Commission Expires: — �—
GRANTOR: SCS INVESTMENTS LLC
an Idaho limited liability company
By: lzl'yll"4y�(j
Michael A. Hall, President
STATE OF IDAHO )
:SS.
County of Ada }
On thisa I day of November, in the year 2023, before me a Notary Public of said State, personally
appeared Michael A. Hall, known or identified to me to be the President of SCS Investments, LLC,the
company that executed the instrument or the person who executed the instrument on behalf of said
company, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first written above.
SHARIVAUGHAN
Notary Public-State of Idaho Notary Public for Ida O
Commission Number 20181002
My Commission Expires Jun 1, 2024 My Commission Expires: — LZ/
GRANTOR: BVB Ten Mile Crossing Annex, LLC
an Idaho limited liability company
By: BV Management Services, Inc.
An Idaho corporation,
Manager
'--
Tahri Molifua, Vice Pre 'dent of
Real Estate Capital
STATE OF IDAHO }
:ss.
County of Bonneville )
On this the 21"` day of November,in the year 2023,before me a Notary Public of said State, personally
appeared Tahri Molifua,known of identified to me to be the Vice President of Real Estate Capital of BV
Management Services,Inc., which corporation is the Manager of BVB Ten Mile Crossing Annex,LLC,
and the Manager who subscribed said limited liability company name to the foregoing instrument,and
acknowledged to me that such corporation as the Manager executed the same in said limited liability
company name.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first written above.
Notary Public for Idaho
My Commission Expires: 09 1 0$I Z�v
PUBLIC
•,,��q�' of IDP `.
�nm i nn►0
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 12-12-2023
Attest by Chris Johnson, City Clerk 12-12-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 12-12-2023 (date) by Robert E.
Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor
and City Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Page 3 Version 04/17/2023
km
E N G I N E E R I N G
November16,2023
Project No.: 22-006
TM Center East Subdivision No.1
City of Meridian Water Easement
Legal Description
Exhibit"A"
Parcels of land for a City of Meridian water easement being situated in a portion of the South 1/2 of the
Northwest 1/4 of Section 14,Township 3 North, Range 1 West, B.M., City of Meridian,Ada County,
Idaho being more particularly described as follows:
Commencing at an aluminum cap marking the West 1/4 corner of said Section 14,which bears
N89°11'30"W a distance of 2,656.47 feet from an aluminum cap marking the Center 1/4 corner of said
Section 14,thence following the southerly line of the Northwest 1/4 of said Section 14,S89'11'30"E a
distance of 931.27 feet to the southwest corner of Proposed TM Center East Subdivision No. 1;
Thence following said southerly line,S89°11'30"E a distance of 58.67 feet;
Thence leaving said southerly line, N00°48'30"E a distance of 334.00 feet to POINT OF BEGINNING 1.
Thence N32°58'25"W a distance of 20.00 feet;
Thence N57°01'35"E a distance of 58.73 feet;
Thence N32°58'25"W a distance of 80.59 feet;
Thence N70°40'56"W a distance of 22.03 feet;
Thence N32'58'25"W a distance of 24.71 feet to the southeasterly right-of-way line of S.Wayfinder
Ave.;
Thence following said southeasterly right-of-way line,N53°49'00"E a distance of 36.54 feet to the
westerly line of an existing City of Meridian Water Easement per Instrument No. 2023-029598(records
of Ada County, Idaho)and hereinafter referred to as POINT"A";
Thence leaving said southeasterly right-of-way line and following said westerly line,S25°40'56"E a
distance of 23.71 feet;
Thence leaving said westerly line,S32'58'25"E a distance of 101.26 feet;
Thence N57'01'35"E a distance of 33.27 feet;
Thence S32°58'25"E a distance of 20.00 feet;
Thence S57°01'35"W a distance of 112.00 feet to POINT OF BEGINNING 1.
Said parcel contains a total of 5,211 square feet, more or less.
TOGETHER WITH:
Commencing at a point previously referred to as POINT"A",thence following the southeasterly right-of-
way line ofS. Wayfinder Ave., N53'49'00"E a distance of 12.09 feet;
Thence following said southeasterly right-of-way line, NO2°58'25"E a distance of 13.32 feet;
Thence following said southeasterly right-of-way line, 2.97 feet along the arc of a circular curve to the
right,said curve having a radius of 260.00 feet,a delta angle of 00'39'14",a chord bearing of
N65°42'45"E and a chord distance of 2.97 feet to POINT OF BEGINNING 2.
5725 North Discovery Way • Boise,Idaho 83713 • 208.639.6939• kmengllp.com
Thence following said southeasterly right-of-way line, 10.73 feet along the arc of a circular curve to the
right, said curve having a radius of 260.00 feet, a delta angle of 02°21'54", a chord bearing of
N67°13'19"E and a chord distance of 10.73 feet;
Thence leaving said southeasterly right-of-way line,S32°58'25"E a distance of 29.15 feet;
Thence S57°01'35"W a distance of 14.53 feet to the easterly line of an existing City of Meridian Water
Easement per Instrument No. 2023-029598 (records of Ada County, Idaho);
Thence following said easterly line, N25°40'56"W a distance of 31.30 feet to POINT OF BEGINNING 2.
Said parcel contains a total of 380 square feet, more or less.
TOGETHER WITH
Commencing at an aluminum cap marking the West 1/4 corner of said Section 14,which bears
N89°11'30"W a distance of 2,656.47 feet from an aluminum cap marking the Center 1/4 corner of said
Section 14,thence following the southerly line of the Northwest 1/4 of said Section 14,S89°11'30"E a
distance of 2,290.15 feet;
Thence leaving said southerly line, N00°48'30"E a distance of 636.96 feet to POINT OF BEGINNING 3.
Thence N00°48'30"E a distance of 68.54 feet;
Thence N89°11'30"W a distance of 101.52 feet;
Thence S00°48'30"W a distance of 2.50 feet;
Thence N89°11'30"W a distance of 20.00 feet;;
Thence N00°48'30"E a distance of 2.50 feet;
Thence N89°11'30"W a distance of 188.40 feet;
Thence N70°42'09"W a distance of 167.13 feet;
Thence N89°11'30"W a distance of 149.06 feet;
Thence S00°48'30"W a distance of 2.50 feet;
Thence N89°11'30"W a distance of 20.00 feet;
Thence N00°48'30"E a distance of 2.50 feet;
Thence N89°11'30"W a distance of 153.07 feet;
Thence 86.26 feet along the arc of a circular curve to the right,said curve having a radius of 120.00 feet,a
delta angle of41°11'16",a chord bearing of N68°35'52"W and a chord distance of84.42 feet;
Thence 111.42 feet along the arc of a reverse curve to the left,said curve having a radius of 155.00 feet,a
delta angle of 41°11'13",a chord bearing of N68°35'50"W and a chord distance of 109.04 feet;
Thence N89°11'27"W a distance of 32.15 feet to the easterly right-of-way line ofS.Wayfinder Ave.;
Thence following said easterly right-of-way line,N08°37'46"W a distance of 20.27 feet;
Thence leaving said easterly right-of-way line,S89°11'27"E a distance of 35.47 feet;
Thence 125.80 feet along the arc of a circular curve to the right,said curve having a radius of 175.00 feet,a
delta angle of 41°11'13",a chord bearing of S68°35'50"E and a chord distance of 123.11 feet;
Thence 71.89 feet along the arc of a reverse curve to the left,said curve having a radius of 100.00 feet,a delta
angle of 41°11'16",a chord bearing of S68°35'52"E and a chord distance of 70.35 feet;
Thence S89°11'30"E a distance of 325.38 feet;
Thence S70°42'09"E a distance of 29.06 feet;
Thence N19°17'51"E a distance of44.02 feet;
Thence S70°42'09"E a distance of 20.00 feet;
Thence S19°17'51"W a distance of44.02 feet;
Thence S70°42'09"E a distance of 118.06 feet;
TM Center East Subdivision No.1
City of Meridian Water Easement-DWT Investments,LLC PAGE 12
Thence S89°11'30"E a distance of 385.21 feet;
Thence S00°48'30"W a distance of 20.00 feet;
Thence N89°11'30"W a distance of 58.54 feet;
Thence S00°48'30"W a distance of 68.54 feet;
Thence N89°11'30"W a distance of 20.00 feet to POINT OF BEGINNING 3.
Said parcel contains a total of 24,532 square feet,more or less.
Said descriptions contain a total of 30,123 square feet(0.69 acres),more or less.
Attached hereto is Exhibit B and by this reference is made a part hereof.
°� Gl j2
12459 0
of
TM Center East Subdivision No.1
City of Meridian Water Easement—DWT Investments,LLC PAGE 3
1—PO—B. 2 c2
c1
\<�
EXISTING CITY OF L 10L9 < \�
MERIDIAN WATER
EASEMENT PER `
INST. No. 2023-029598p
POINT "A"
L11
L13
e�P�e•
�C\ L14 01 L12
w\ri \ '� <�b \ S32'58'25"E
CY �\ \/-101.26'
L15 L3 \ \
N32'58'25"W_/\ \ �� A<�p
80.59' \ //�
—S57'01'35"W
A � 1 12.00'
Proposed TM Center East
P.O.B. 1 I Subdivision No. 1
a
DWT Investments, LLC
S1214233678
w
wlw
N O
v
Q0 PO
C¢1 Z I ro
0 cc
3 73; POINT OF COMMENCEMENT SW CORNER OF PROPOSED
o FOUND ALUMINUM CAP q-
�
vi
1/4 CORNER SECTION 14 TM CENTER EAST SUB. No. 1
E [WEST
4 931.27' _ 58.67' 1666.53'
3 15 N89'1 1'30"W 2656.47' Y
BASIS OF BEARING
C
FOUND ALUMINUM CAP
c CENTER 1/4 CORNER SECTION 14
s
a
0 100 200 300
0
N Plan Scale: 1" = 100'
E N G I N E E R I N G
m 5725 N ORTH DISCOVERY WAY
W BOISE,IDAH083713
PHONE(208)639-6939 Exhibit B - City of Meridian Water Easement
j kmengllp.com TM Center East Subdivision No. 1
�., DATE: November2023
i
S PROJECT: 22-006
SHEET: A portion of the S 1/2 of the NW 1/4 of Section 14,
1 OF 3 T3N., R1W., B.M., City of Meridian, Ada County, Idaho
ii
DWT Investments, LLC
S1214233678 S. Wayfinder Ave.
r
N
D7
r N
Cn
j//QC)
S. Ten Mile Rd.
A w
moo L
z I C.4
>�
00
rn
C0 i np N
XZK
m m (CA l/)
on -0 to N
-I /9 C
In >M
Ins _ I N I N IQ
p Z IJ [n O rD 0- J � rt
N <. I� r U W N fD
p CA OD
� D N r z N J C rr+ Q
D v? W V) O N CIO � frl f-, N
W-0 O n _
r
U� � O ZO a' N d n
0
oolN v � ° (D
mO p N N O�1
o n U! rr � (n 00
Z �(
-' N cn J cD
cc)Do Gj I �I nl
N p. O
00
a O
CDI 0 � IDO ON
p p I, o
Z r Iw m
o M I� I o
r � I
3 W
z )I pp
{' TI Cn
w Ln C-) o D°
w p ju Z
w Z O
N X r- N00'48'30"E L16
a m ��- 636.96' (TIE)
n z rn
o K IN Unplatted o N W oQ
DWT Investments, LLC 129
0 S1214244301 CA
ki"
t E N G I N E E R I N G
0 5725 NORTH DISCOVERY WAY
W BOISE,IDAHO 83713
PHONE(208)639-6939 Exhibit B - City of Meridian Water Easement
kmengllp.com TM Center East Subdivision No. 1
5� DATE: November 2023
PROJECT: 22-006 A portion of the S 1/2 of the NW 1/4 of Section 14,
SHEET:
2 OF 3 T3N., R1W., B.M., City of Meridian, Ada County, Idaho
i
LINE TABLE LINE TABLE
LINE I BEARING DISTANCE LINE BEARING DISTANCE
I L1 N32'58'25"W 20.00 L17 N89'11'30"W 101.52
IIII L2
I N57'01'35"E 58.73 L18 S00'48'30"W 2.50
L3 N70'40'56"W 22.03 L19 N89'11'30"W 20.00
L4 N32'58
24.71 L20 N00'48'30"E 2.50
L5 N53'49'00"E 36.54 L21 N89'11'30"W 149.06
L6 S25'40'56"E 23.71 L22 S00'48'30"W 2.50
L7 N57'01'35"E 33.27 L23 N89'11'30"W 20.00
L8 S32'58'25"E 20.00 L24 NDD'48'30"E 2.50
L9 N53'49'00"E 12.09 L25 N89'1 1'27"W 32.15
L10 NO2'58'25"W 13.32 L26 N08'37'46"W 20.27
L1 1 S32'58'25"E 29.15 L27 S89'11'27"E 35.47
L12 S57'01'35"W 14.53 L28 S70'42'09"E 29.06
L13 N25'40'56"W 31.30 L29 S00'48'30"W 20.00
L14 N53'49'00"E 22.53 L30 N89'11'30"W 58.54
0 L15 N65'14'47"E 11.67 L31 S00'48'30"W 68.54
0
D
W L16 N00'48'30"E 68.54 L32 N89'11'30"W 20.00
m
N
O
N
.-1
K
Q
CURVE TABLE
0
a CURVE RADIUS LENGTH DELTA CHORD BRG CHORD
a
o Cl 260.00' 2.97' I 0'39'14" N65'42'45"E I 2.97'
C2 260.00' 10.73' 2'21'54" N67'13'19"E I 10.73'
C3 120.00' 86.26' 41'11'16" N68'35'52"W I 84.42'
C4 155.00 111.42' 41'11'13" N68'35'50"W 1109.04'
3
C5 175.00' 125.80' 41'11'13" S68'35'50"E 1123.11'
C6 100.00' 71.89' 41'1 1'16" S68'35'52"E 70.35'
Z
a
s
2
0
0
N
kin
E N G I N E E R I N G
m 5725 NORTH DISCOVERY WAY
W BOISE.IDAHO 83713
W PHONE(208)639-6939 Exhibit B - City of Meridian Water Easement
kmengllp.tom TM Center East Subdivision No. 1
DATE: No ve mbe 02 3 _
1 PROJECT: 22-006 -
SHEET: A portion of the S 1/2 of the NW 1/4 of Section 14,
a
3 OF 3 T3N., 111W., B.M., City of Meridian, Ada County, Idaho